NZ Metro TC 16 September 2011 – R 3
ID: JCA15723
Meet Title:
NZ Metro TC - 16 September 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/09/16
Race Number:
R3
Decision:
The charges, having been admitted, were found proved.
Penalty:
Mr McCormick’s Junior Horseman’s Licence was suspended for a period commencing after the close of racing on Sunday, 18 September 2011, up to and including Friday, 23 September 2011 – effectively 2 driving days. This is a combined penalty for both breaches.
Charge:
Breach of push out Rule and failing to activate gear
Facts:
Following the running of Race 3, Woodlands Stud Mobile Pace, Informations Nos. 69226 and 69244 were filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Horseman, Mr L D McCormick, alleging, firstly, a breach of Rule 869 (6) (b) & (c) and 869 (4) in that Mr McCormick, as the driver of TOMSINCHARGE in the race, “forced FRANCO TRANSIT to race wider on the track with 2000 metres to run” and, secondly, a breach of Rule 864 (2) (e) in that he “failed to activate the removable earplugs on TOMSINCHARGE which finished in 2nd place”.
Mr McCormick was present at the hearing of the information and he indicated that he admitted both charges. He was assisted at the hearing by Mr B N Orange, Licensed Open Horseman.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Rule 864 provides as follows:-
(2) Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that:-
(e) that all steps are taken to activate gear, appliances or devices which requires activation.
After a discussion, it was agreed that both informations should be heard together.
Submissions for Decision:
Mr McIntyre showed video replays of the relevant section of the race. He pointed out TOMSINCHARGE, driven by Mr McCormick, racing in the one-out and one-back position with FRANCO TRANSIT (G D Smith) following it. As the field neared the 2000 metres, Mr Smith elected to go forward 3-wide. Mr McIntyre pointed out that runner outside Mr McCormick’s wheel. Mr McCormick shifted out 3-wide, forcing FRANCO TRANSIT to race 4-wide on the track.
In relation to the charge of failing to activate gear, Mr McIntyre showed the Committee a video replay of the final 300 metres of the race to demonstrate that Mr McCormick had failed to activate the removable ear plugs on TOMSINCHARGE. Mr Orange pointed out, on Mr McCormick’s behalf, that Mr McCormick had attempted to activate them but had pulled the wrong cord, the hopple shorteners cord.
Mr McIntyre said that Mr McCormick, to his credit, had reported the failure to the Stewards immediately after the race. There was no intention on Mr McCormick’s part, Mr McIntyre said, and it was a genuine mistake on Mr McCormick’s part.
Mr Orange pointed out that, after the push-out, both horses ended up in the position in the running that they would have ended up in without the push-out. Furthermore, he said, the push-out took place on a straight and FRANCO TRANSIT was not forced to cover any extra ground.
Submissions for Penalty:
Mr McIntyre said that Mr McCormick had told the Stewards that he was not in a financial position to pay fines for the breaches. This was confirmed at the hearing by Mr McCormick. Mr McCormick had had 228 drives in the 2010/2011 season and 19 in the current season to date. His record was clear as far as both breaches were concerned, Mr McIntyre said.
Mr McIntyre referred the Committee to the Penalty Guide which recommended a starting point for a breach of the push-out Rule of a $250 fine or 5 drives. The breach of failing to activate gear came under the Minor Infringement system and the prescribed fine where, as in this case, the horse had filled a stakes-bearing place is $200. This equated to a suspension of 4 drives, Mr McIntyre submitted. The charge had been brought by way of information because of Mr McCormick’s inability to pay a fine.
Mr McIntyre submitted that a combined penalty of 7 drives was appropriate for the breaches.
Mr McCormick said that he had confirmed drives at the meeting of Oamaru Harness Racing Club on Sunday, 18 September, but he did not seek a deferment of any suspension beyond that date. Mr McCormick said that he was not driving at Invercargill on 20 September. He said that he could, possibly, be driving at the meeting of Rangiora Harness Racing Club on 22 September 2011 and, also, would be likely to have had 6 or 7 drives at the Forbury Park meeting on 23 September next.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr McCormick’s very frank admission of the breaches and his previous very good record. The breach of the push-out rule was at the lower end of the scale, in the Committee’s view. The breach of failing to activate gear was simply unfortunate. The Committee also took into account Mr McCormick’s Junior Horseman status and his financial position.
In terms of the Penalty Guide, the starting points for the breaches are 5 drives and 4 drives respectively, a total of 9 drives. Taking into account the factors mentioned above, the Committee believes that Mr McCormick is entitled to a discount of 2 drives. We take 7 drives as being equal, more or less, to 2 meetings.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: c82253276f6a99c6631ed6a8e22d88ac
informantnumber: 69226 & 69244
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2011
hearing_title: NZ Metro TC 16 September 2011 - R 3
charge:
Breach of push out Rule and failing to activate gear
facts:
Following the running of Race 3, Woodlands Stud Mobile Pace, Informations Nos. 69226 and 69244 were filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Horseman, Mr L D McCormick, alleging, firstly, a breach of Rule 869 (6) (b) & (c) and 869 (4) in that Mr McCormick, as the driver of TOMSINCHARGE in the race, “forced FRANCO TRANSIT to race wider on the track with 2000 metres to run” and, secondly, a breach of Rule 864 (2) (e) in that he “failed to activate the removable earplugs on TOMSINCHARGE which finished in 2nd place”.
Mr McCormick was present at the hearing of the information and he indicated that he admitted both charges. He was assisted at the hearing by Mr B N Orange, Licensed Open Horseman.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Rule 864 provides as follows:-
(2) Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that:-
(e) that all steps are taken to activate gear, appliances or devices which requires activation.
After a discussion, it was agreed that both informations should be heard together.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed video replays of the relevant section of the race. He pointed out TOMSINCHARGE, driven by Mr McCormick, racing in the one-out and one-back position with FRANCO TRANSIT (G D Smith) following it. As the field neared the 2000 metres, Mr Smith elected to go forward 3-wide. Mr McIntyre pointed out that runner outside Mr McCormick’s wheel. Mr McCormick shifted out 3-wide, forcing FRANCO TRANSIT to race 4-wide on the track.
In relation to the charge of failing to activate gear, Mr McIntyre showed the Committee a video replay of the final 300 metres of the race to demonstrate that Mr McCormick had failed to activate the removable ear plugs on TOMSINCHARGE. Mr Orange pointed out, on Mr McCormick’s behalf, that Mr McCormick had attempted to activate them but had pulled the wrong cord, the hopple shorteners cord.
Mr McIntyre said that Mr McCormick, to his credit, had reported the failure to the Stewards immediately after the race. There was no intention on Mr McCormick’s part, Mr McIntyre said, and it was a genuine mistake on Mr McCormick’s part.
Mr Orange pointed out that, after the push-out, both horses ended up in the position in the running that they would have ended up in without the push-out. Furthermore, he said, the push-out took place on a straight and FRANCO TRANSIT was not forced to cover any extra ground.
reasonsfordecision:
Decision:
The charges, having been admitted, were found proved.
sumissionsforpenalty:
Mr McIntyre said that Mr McCormick had told the Stewards that he was not in a financial position to pay fines for the breaches. This was confirmed at the hearing by Mr McCormick. Mr McCormick had had 228 drives in the 2010/2011 season and 19 in the current season to date. His record was clear as far as both breaches were concerned, Mr McIntyre said.
Mr McIntyre referred the Committee to the Penalty Guide which recommended a starting point for a breach of the push-out Rule of a $250 fine or 5 drives. The breach of failing to activate gear came under the Minor Infringement system and the prescribed fine where, as in this case, the horse had filled a stakes-bearing place is $200. This equated to a suspension of 4 drives, Mr McIntyre submitted. The charge had been brought by way of information because of Mr McCormick’s inability to pay a fine.
Mr McIntyre submitted that a combined penalty of 7 drives was appropriate for the breaches.
Mr McCormick said that he had confirmed drives at the meeting of Oamaru Harness Racing Club on Sunday, 18 September, but he did not seek a deferment of any suspension beyond that date. Mr McCormick said that he was not driving at Invercargill on 20 September. He said that he could, possibly, be driving at the meeting of Rangiora Harness Racing Club on 22 September 2011 and, also, would be likely to have had 6 or 7 drives at the Forbury Park meeting on 23 September next.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr McCormick’s very frank admission of the breaches and his previous very good record. The breach of the push-out rule was at the lower end of the scale, in the Committee’s view. The breach of failing to activate gear was simply unfortunate. The Committee also took into account Mr McCormick’s Junior Horseman status and his financial position.
In terms of the Penalty Guide, the starting points for the breaches are 5 drives and 4 drives respectively, a total of 9 drives. Taking into account the factors mentioned above, the Committee believes that Mr McCormick is entitled to a discount of 2 drives. We take 7 drives as being equal, more or less, to 2 meetings.
penalty:
Mr McCormick’s Junior Horseman’s Licence was suspended for a period commencing after the close of racing on Sunday, 18 September 2011, up to and including Friday, 23 September 2011 – effectively 2 driving days. This is a combined penalty for both breaches.
hearing_type: Hearing
Rules: 869(6)(b)&(c)& 869(4)and 864(2)(c)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: L D McCormick, Licensed Junior Horseman
Otherperson: B N Orange, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: c7e44bad5683d3183acfc75886c488cc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bec4e3c5aa4c3977be1557da17f228ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2011
meet_title: NZ Metro TC - 16 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC